Angaluki v Waruhiu Kamau Gitoka t/a Sakam Engineering Contractor (Cause 1670 of 2016) [2022] KEELRC 26 (KLR) (28 April 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 26
- Citation
- [2022] KEELRC 26 (KLR)
- Decided
- 28 April 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from a decision of the Labour Relations CourtCoramSC RUTTO
The Court held that there was an employment relationship between the claimant and the respondent, and the termination was unfair and unlawful. The claimant is entitled to the reliefs sought.
Facts
The claimant, Silvano Angaluki, was employed by the respondent, Waruhiu Kamau Gitoka t/a Sakam Engineering Contractor, as a store keeper from April 10, 2013 to July 1, 2015. The respondent terminated his employment without notice, and Angaluki sought compensation for notice pay, severance pay, and other benefits.
Issues
- Whether there was an employment relationship between the claimant and the respondent?
- If the employment relationship existed, was the termination of the claimant unfair and unlawful?
- Is the claimant entitled to the reliefs sought?
Reasoning
The Court found that the claimant was an employee of the respondent, as evidenced by the job contract and the respondent's provision of working conditions and discipline. The termination was found to be unfair and unlawful.
Outcome
The Court dismissed the respondent's opposition and awarded the claimant Kshs 246,986.12 in notice pay, compensatory damages, house allowance, overtime, accrued leave days, and severance pay.
Orders
- Awarded the claimant Kshs 246,986.12 in notice pay, compensatory damages, house allowance, overtime, accrued leave days, and severance pay.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…